Protection from Gender-Based Violence Before the European Court of Human Rights

This article reviews the approach of the European Court of Human Rights in cases regarding violence against women. The author highlights that given the lack of specific provisions in the European Convention of Human Rights, the Court has developed an extensive case-law by using several provisions in the Convention as it relates to gender-based violence. The article acknowledges the positive developments within the Court regarding protection from different forms of gender-based violence, but notes that there are a few cases where the Court was inconsistent with its previously established case-law. Considering that the judgments of the European Court of Human Rights create the main guidelines for the States in fulfilling their obligations in accordance with the Convention, the author concludes that it is very important for the Court to clarify its approach in gender-based violence cases and fix the inconsistency.